As a Portland attorney who frequently represents parties in FAPA proceedings, I was interested to read a recent article in the Oregonian stating that Terri Horman has challenged the renewal of a FAPA restraining order obtained by her husband Kaine Horman. For more information on who qualifies for a FAPA, see my previous blog post here.
Normally, a FAPA restraining order expires after one year, unless it is renewed by the Petitioner prior to its expiration. In order to obtain a renewal, the Petitioner must allege, and a court must make a finding that, the Petitioner “reasonably fear[s] further acts of abuse by the respondent if the order is not renewed.” ORS 107.725(1)(a). A court is not required to find that there has been a further act of abuse since the original order, only that there is a “reasonable fear”of further acts of abuse.
Once the Petitioner requests a renewal, the Respondent has thirty days to challenge the renewal. If the Respondent files a challenge, the court is required to hold a hearing within twenty-one days.
In the Horman case, Kaine Horman, the Petitioner, obtained his original FAPA against Terri Horman in 2010 after the disappearance of Kyron Horman, the parties’ son. Since Terri Horman did not challenge the FAPA within thirty days, it went into effect automatically for one year. Kaine Horman renewed the order without challenge in 2011 and 2012. Now, in 2013, Terri Horman has decided to challenge Kaine Horman’s most recent application for a renewal of the order. Kaine Horman alleges that Terri Horman is responsible for the disappearance of their son, Kyron Horman. Kaine Horman also alleges that Terri Horman tried to hire someone to kill him. It is now up to a judge to decide whether or not Terri Horman will be allowed to subpoena witnesses for the renewal hearing, since there are pending criminal and civil cases against Terri Horman.
My firm will continue to monitor the status of this case and we will provide an update at a later date.